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CONTRACT NO J/,
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EIGHTH AMENDMENT TO
CITY SECRETARY CONTRACT NUMBER 24692
STATE OF TEXAS §
COUNTY OF TARRANT
THIS AMENDMENT to,City of Fort Worth City Secretary Contract Number 24692 is
executed on the day of t , 2002 by and between the City of Fort Worth, a
municipal corporation of Tarrant and Denton Counties, Texas (hereinafter called "Owner"),
acting by and through Marc Ott, its duly authorized assistant city manager, and Austin
Commercial, Inc. (hereinafter called "Construction Manager", "Project Manager" or "Manager")
acting by and through its Vice President Steve Warnick.
WITNESSETH:
WHEREAS, the Owner intends to construct the Fort Worth Convention Center Phase 1
and 2 Expansion, (the "Project"), in the City of Fort Worth, Texas, to be built according to the
Plans and Specifications prepared and/or assembled by Project Manager through Carter and
Burgess, Inc.; and
WHEREAS, the City Council of the City of Fort Worth, Texas, authorized the City
Manager to enter into an agreement (City Secretary Contract Number 24692, M&C C-17228,
1/19/99) as amended by:
1. Amendment I (City Secretary Contract Number 25295, M&C C-17670, 9/28/99),
2. Amendment 2 (City Secretary Contract No. 25954, M&C C-18049, 5/30/2000)
{also referred to as "Project Management Agreement"}
3. Amendment 3 (City Secretary Contract No. 26062, M&C C-18050, 5/30/2000)
{also referred to as the Construction Management Agreement},
4. Amendment 4 (City Secretary Contract No. 26589, no M&C),
5. Amendment 5 (City Secretary Contract No. 26841, M&C C-18601, 5/22/01),
6. Amendment No 6 (City Secretary Contract No. 27496, M&C C-18847, 11/27%01)
with Manager for Project Management Services and Design Services for the
Project; and
7. Amendment No. 7 (City Secretary Contract No. 27497, M&C C- 18900 12/18101
for construction management and construction associated with the improvements
to the Water Gardens Events Plaza. and
WHEREAS, pursuant to such Project Manager Agreement, Manager has heretofore been
providing professional services to Owner in development of plans, specifications, schedules and
budgets for the Project, and
WHEREAS, pursuant to such Construction Management Agreement, Manager has been
providing professional services to the Owner in executing contracts with the general contractors
as authorized by City Council; and
Page 1 of 3
OR I GJ
WHEREAS, on September 10, 2002, the City Council approved additional construction
and construction management services for the construction of improvements to the Water
Gardens Events Plaza by M&C C-19238.
NOW, THEREFORE, Owner and Manager, in consideration of the foregoing, and the
terms and conditions herein contained, do hereby amend City of Fort Worth City Secretary
Contract Number 24692, as amended by City Secretary Contract Nos. 25295, 25954, 26062, and
26589, 26841, 27496, and 27497, as follows:
Section 1.
Section I in the Seventh Amendment is amended to read as follows:
"WHEREAS, Construction Manager acknowledges that Owner has established a Project
Budget for Phases I and 11 of$79,296,000 which said Budget Amount represents the not-
to-exceed total of all construction and service contract costs necessary for completion of
the Project, together with all Construction Manager's compensation, including Fee and
Reimbursable Expenses, and all design and construction managed by the City and
constitutes the Owner's absolute limit under both the PM Agreement and this Agreement
for the full completion of the Project, including construction of the Project. City
managed design and construction shall not exceed $500,000 unless mutually revised."
Section 2.
Section 2 in the Seventh Amendment is amended to be and read as follows:
"The Project Budget as stated in City Secretary Contract No. 25295 is amended to be
$79,296,000, as contained in Attachment I hereto. Additional construction and
construction management costs are detailed in Attachment 3 hereto."
Section 3.
Section 3 in the Seventh Amendment is amended to be and to read as follows:
"Manager shall proceed with Fort Worth Convention Center Phase 11 Expansion. It is
agreed that the architect's and manager's fees and expenses for Fort Worth Convention
Center Phases I and 11 Expansions shall not exceed $14,413,000."
Section 4.
Attachment 1, Phase I and 11 Project Budget, to Amendment 7, is replaced by Attachment 1,
Phase I and 11 Project Budget, hereto,
Section 5.
Attachment 2, Fee Strilctum, to Amendment 7, is replaced by Attachment 2 hereto.
AUSTIN COMNIFRCIAIL,IN"',
FORIFWORT I I CONVENTION CENTER
FIGH'I'll AME.NDMENT
Page 2 of 3
Section 6.
All other terms, conditions, and covenants contained in City Secretary Contract Numbers 24692
as amended by City Secretary Contract Nos. 25295, 25954, 26062, 26589, 26841, 27496, and
27497 not amended herein continue in full force and affect.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first
written above.
CITY 0 WORTH
BY 4z
Steve Warnick, Vice President
�Ustin Commercial* In e.,&&A�4 f�t�
IV- pvoo� (Som�%"#Z LF
APPROVED AS To FORM
BY
Assistant City Attorney
Recommend Approval
t� s
BY
Director, Department of Transportation and Public Works
Approv.td
BY
As4Cant dify Manag't-r-__,
ATMMD BY
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Ori t
tr' da, thorizat ion
a-A
AUSTIN CO-MMERCIAL,MC,'
FORI WORTI I CONVENTION CENTER
EIGHTH AMENDMENT
4,
Page 3 of 3
�
10/2/2002. 9:30 AM Attachment 1 b»Amendment 8
PHASE | AND U
PROJECT BUDGET
Amendment Total Phase| Amendment a Total Phase o
8, Phase Phase 11
CITY MANAGED DESIGN&CONSTRUCTION
Soft Cost Owner 380.000 250.000
Environmental ' 125.000 250.000
cw MANAGED DESIGN&CONSTRUCTION
Soft Cost Construction Manager 1e1000 9.540.500 4.872.500
Hard Cost Construction
Construction Contracts 1.5o0.000 3e.211.000 (so.uoo) 20,880,500
Construction Contingency 1.766.500 1.250.000
Exposures O
Project Contingency - 250.000 600.000
Phase Budget 1,743,000 51,193,000 (93,000) 28,103,000
Total Budget Phases|and || 79.296.008
Net Increase 1.650.000
Austin Commercial, Inc Amendment
FortWorth Convention Center C|ty Secretary Contract 24692
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Attachment 3to Amendment 8
|
Water Garden Plaza Phaae /-B
Renovations to the ^Y" Pool and Spray Pool
BASE CONS TRUCT0N
Water Gardens Phase 1-B (AU| General Contractors $ 1.166.000
insurance, Bond, CM, and Material Testing 134.000
Subtotal 1.300.000
Contingency 220.000
Total $ 1.520.000
Alternates
Alternate 1
Houston Street Water Feature Expansion (4U| General Contractors) $ 57.000
Alternate
Spray Pool Skimmers (AU| General Contractors 14.000
Alternate
Spray Pool LID Lighting System (8U| General Contraotom) 43.000
Alternate
Area Lighting (To bedetermined) 32.000
Subtotal 146.080
Insurance bond CyW Services, and Material Testing 14.000
Subtotal 180.000
Contingency 28000
Total $ 180.000
FFE
Furnishings, Finish and Equipment $ 200.000
Project Total $ 1.900.000
Rollover from Previous amendments
Phase |
$ (57.0O0)
Phase ||
$ (83.OUU)
Events Plaza
$ (180.000)
Net amendment
$ 1.850.000
Amendment 8ho Austin CK4
City of Fort Worth, Texas
AUyosr and Oaancif 0aoomsemication
DA-f E REFERENCE NUMBER LOG NAME PAGE
9110102 C-1 9238 1 20PLAZA I I of 2
SUBJECT AMENDMENT NO. 8 TO CITY SECRETARY CONTRACT NO. 24692 WITH AUSTIN
COMMERCIAL, INC. FOR EXPANSION AND RENOVATION OF THE FORT WORTH
CONVENTION CENTER
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Public Events Fund in the amount of $350,000 as a result of a contribution from the Carter
Foundation for the purpose of funding construction improvements to the Water Gardens; and
2. Authorize the City Manager to execute Amendment No. 8 to City Secretary Contract No. 24692 with
Austin Commercial, Inc. for additional construction and construction management services for the
expansion and renovation of the Fort Worth Convention Center for an additional cost not to exceed
$1,650,000; and
3. Authorize Austin Commercial, Inc. to execute agreements with AUI Contractors Inc., and other
contractors for construction improvements to the Water Gardens - Phase 1-B: Renovations to the
"Y" and Spray Pool in the total amount of$1,737,000; and
4. Authorize the payment of funds to Austin Commercial, Inc. for payment to the construction
contractors as work progresses.
DISCUSSION:
The Water Gardens - Phase 1-B: Renovations to the "Y" and Spray Pool includes the construction of
improvements to the Water Gardens adjacent to the Fort Worth Convention Center, Events Plaza. The
work includes demolition, architectural concrete, fountain renovations, area lighting, and other features.
The available funding sources are as follows:
• Certificates of Obligation $ 800,000
• 1998 Capital Improvements Project
(Parks and Community Services Department)
$ 500,000
• Carter Foundation Commitment 1_150.000
Total $1,650,000
The construction funds will be utilized as follows:
• Fixtures, Furniture, and Equipment (to be determined) $ 200,000
• Water Gardens - Phase 1-13 Construction (AUI Contractors Inc.) $1,280,000
• Area Lighting (to be determined) $ 32,000
# Contingency 225-000
Total $1,737.000
City of f Fort Worth, .Texas
MAYOF gwd 00140teig 00HIs"tuideaflost
DATE REFERENCE NUMBER LOG NAME PtoGE
9110/02 C_1 923$ 1 20PLAZA 2 of 2
SUBJECT AMENDMENT NO. 8 TO CITY SECRETARY CONTRACT NO. 24692 WITH AUSTIN
COMMERCIAL, INC. FOR EXPANSION AND RENOVATION OF THE FORT WORTH
CONVENTION CENTER
• Management Fees for the Water Gardens - Phase 1-B $ 65,000
• Reimbursable Expenses Associated with the Water Gardens - Phase 1-13 $ 83,000
• Management Team (Thomas S. Byrne) $ 15,000
Total Management and Expenses $ 163,000
• Project funds from the completion of Phase I and II
of the Fort Worth Convention Center: ($ 250,000)
TOTAL $1,650,000
M/WBE - Austin Commercial, Inc. is in compliance with the City's M/WBE Ordinance by committing to
29% M/WBE participation on this amendment.
Under the terms of this project management agreement, Austin Commercial, Inc. will execute a contract
agreement with AUI Contractors Inc. and construction contracts with other contractors and suppliers,
and manage the construction. Progress payments will be reviewed and approved by Austin
Commercial, Inc. who will be paid by the City for payment to the contractors.
The Water Gardens is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current capital budgets, as appropriated, of the Public Events Fund and the Parks and
Community Services Fund.
MO:n
F
Submitted for City Manager's f 1 AD C CCtL r C F T Fi 1C}CJ 'r CI i l'S CTtE"T ARY
Office by. (to)
I } 0132 4 610} 020192067003 1 350,000.00
Marc Ott 8476 1)0132 541200 ; 020192067003 0,000,00
Originating Department Head. �
C,f3elxmanesh(acting) 7801 (from) APPROVED 09/10/02
2)0192 ; 5412Q0 020192067003 $1,150,000.00 ORD-H 15239
:kdditir�nal I for ration Cantact. C) C1t 1 4 120-0 020181048390 i X00,000.00
Kirk Slauahtcr 2501